Law On Patent
Law On Patent
8293
LAW ON PATENTS
CHAPTER X
GROUNDS FOR COMPULSORY LICENSING
o National emergency or other circumstances of extreme urgency
o Where the public interest so requires
o Where a judicial or administrative body has determined that the
manner of exploitation by the owner of the patent or his licensee is
anti-competitive
o In case of public non-commercial use of the patent by the
patentee, without satisfactory reason
o If the patented invention is not being worked in the Philippines on
a commercial scale, although capable of being worked, without
satisfactory reason
PERIOD FOR FILING A PETITION FOR A COMPULSORY LICENSE
o The petitioner has made efforts to obtain authorization from the patent
owner on reasonable commercial terms and conditions but such efforts
have not been successful within a reasonable period of time
o Exceptions:
a. Where the petition for compulsory license seeks to remedy a
practice determined after judicial or administrative process to be
anti-competitive
b. In situations of national emergency or other circumstances of
extreme urgency
c. In cases of public non-commercial use
REQUIREMENT TO OBTAIN A LICENSE ON REASONABLE COMMERCIAL TERMS
q Where the right to a patent conflicts with the right to a utility model
registration, the said provision shall apply as if the word patent were
replaced by the words patent or utility model registration.
SPECIAL PROVISIONS RELATING TO UTILITY MODELS
q At any time before the grant or refusal of a patent, an applicant for a patent may,
upon payment of the prescribed fee, convert his application into an application for
registration of a utility model, which shall be accorded the filing date of the initial
application. An application may be converted only once.
q At any time before the grant or refusal of a utility model registration, an applicant for a
utility model registration may, upon payment of the prescribed fee, convert his
application into a patent application, which shall be accorded the filing date of the
initial application
q Prohibition: An applicant may not file two (2) applications for the same subject,
one for utility model registration and the other for the grant of a patent whether
simultaneously or consecutively
INDUSTRIAL DESIGN
CHAPTER XIII
INDUSTRIAL DESIGN
SUBSTANTIVE CONDITION FOR
DEFINITION OF INDUSTRIAL DESIGN
PROTECTION
o Only industrial designs that are
Any composition of lines or colors or new or original shall benefit from
any three-dimensional form, whether protection under this Act.
or not associated with lines or colors:
o Industrial designs dictated
Provided, That such composition or
form gives a special appearance to and essentially by technical or
can serve as pattern for an industrial functional considerations to obtain
product or handicraft a technical result or those that are
contrary to public order, health or
morals shall not be protected.
CONTENTS OF THE APPLICATION
#1 #2 #3
An indication of the
Request for Information kind of article of
registration of the identifying the manufacture or
industrial design applicant handicraft to which the
design shall be applied
NOTE: The application may be #4 A representation of the #5 The name and address
article of manufacture or of the creator, or where
accompanied by a specimen of
handicraft as applied to the the applicant is not the
the article embodying the
article of manufacture or
industrial design and shall be
handicraft which clearly and
creator, a statement
subject to the payment of the indicating the origin of
fully discloses those
prescribed fee the right to the industrial
features for which design
protection is claimed design registration
EXAMINATION
q The Office shall accord as the filing date the date of receipt of the application
containing indications allowing the identity of the applicant to be established and a
representation of the article embodying the industrial design or a pictorial
representation thereof
q If the application does not meet these requirements the filing date should be that date
when all the elements specified in Section 105 are filed or the mistakes corrected.
Otherwise if the requirements are not complied within the prescribed period, the
application shall be considered withdrawn
q After the application has been accorded a filing date and the required fees paid on
time, the applicant shall comply with the requirements of Section 114 within the
prescribed period, otherwise the application shall be considered withdrawn
q The Office shall examine whether the industrial design complies with requirements
of Section 112 and Subsections 113.2 and 113.3
REGISTRATION
q Where the Office finds that the conditions referred to in Section 113 are fulfilled, it
shall order that registration be effected in the industrial design register and cause the
issuance of an industrial design certificate of registration, otherwise, it shall refuse the
application
q The form and contents of an industrial design certificate shall be established by the
Regulations: Provided, That the name and address of the creator shall be mentioned
in every case
q Registration shall be published in the form and within the period fixed by the
Regulations
q The Office shall record in the register any change in the identity of the proprietor of
the industrial design or his representative, if proof thereof is furnished to it. A fee shall
be paid, with the request to record the change in the identity of the proprietor. If the
fee is not paid, the request shall be deemed not to have been filed.
TERM OF INDUSTRIAL DESIGN REGISTRATION